The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

Franklin CA Tax-Free Trust v. Commonwealth of Puerto Rico

Citation: 
First Circuit #15-1218, 1221, 1271 & 1272
Ruling: 
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find that §903 is unconstitutional as violating the bankruptcy code's "uniformity" requirement since ...
Judge(s): 
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Read on...

Corrie Opportunities Fund, LP v. Emmis Communications Corp.

Citation: 
Corrie Opportunities Fund, LP v. Emmis Communications Corp., Court of Appeals, 7th Circuit (July 2, 2015)
Ruling: 
This ruling set a precedent, as there have been no cases in Indiana courts that interpret the statutes discussed in this case. As long as a share is “outstanding,” it has a vote and in Indiana, a corporation has ...
Judge(s): 
Flaum, Easterbrook, Kanne
Read on...

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation: 
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling: 
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that the claimant pensioners were not entitled to administrative expense priority ...
Judge(s): 
Guido Calabresi, Circuit Judge
Debra Ann Livingston, Circuit Judge
William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Read on...

Cutcliff v. Reuter

Citation: 
Cutcliff v. Reuter, __ F.3d __, 2105 WL 3953147 (8th Cir. June 30, 2015)
Ruling: 
The individual debtor did not have standing to appeal default judgment entered against a related limited liability company, although the co-trustee of a trust did have sufficient standing to do so. Regardless, the matter was related to the bankruptcy and ...
Judge(s): 
Loken, Melloy, and Gruender
Read on...

Sangha v. Schrader (In re Sangha)

Citation: 
Sangha v. Schrader (In re Sangha), BAP No. CC-14-1397-PaKiTa (BAP 9th Cir. June 11, 2015)
Ruling: 
The BAP for the 9th Circuit reversed and remanded the bankruptcy court (C.D. Cal.), which had granted summary judgment on a creditor's 523(a)(6) nondischargeability claim after applying collateral estoppel to a state court judgment. Because the state court judgment did ...
Judge(s): 
Pappas, Kirscher, Taylor
Read on...
Syndicate content